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My friend is the victim of attempted rape and is trying to…

Customer Question
Hi, my friend is...

Hi, my friend is the victim of attempted rape and is trying to press charges for sexual battery. Her lawyer just dismissed her saying that she had no case and brought in a male lawyer for a "male perspective". She was not notified that the lawyer would be doing that. They told her that she was being flirty and that it gave the defendant the idea that it would be consensual. Her texts to him are all work related, they only spoke once, and she filed a police report afterwards and has a protective order. The defendant forced her against a bar, pulled her tights down and pulled out his penis. What are her options?

Lawyer's Assistant: [why=~legal_expert~17.12.3=LEGAL_NO_THEME_CRIMINAL_LAW_1C:.~keywordless~17.18.0

v=31.15 ] Does she have any upcoming court dates on the charges?

They dismissed her court date because they messed it up. It was supposed to be a jury trial. They said they couldn't contact her but there was no missed calls, voicemail, or anything. they just sent a letter after they dismissed it without talking to her Now they say they must re-evaluate the case to determine if it is worth pursuing I noticed in my research that consent can't be assumed if she has a mental illness. Is this true?

Lawyer's Assistant: In what state did this occur?

Illinois

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She suffers from depression and anxiety. This has caused her significant emotional trauma, PTSD, and has caused distress and dysfunction in her life.

Submitted: 8 months ago.Category: Criminal Law
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Answered in 6 minutes by:
11/7/2017
Criminal Lawyer: Longhorn Lawyer, Lawyer replied 8 months ago
Longhorn Lawyer
Category: Criminal Law
Satisfied Customers: 13,381
Experience: Knowledgeable and experienced in criminal law matters.
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I'm not sure why her lawyer is telling her anything about this. Rape is a criminal charge, which means the state presses charges, not the victim. What kind of lawyer is this?

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Customer reply replied 8 months ago
I am not sure, I know it is someone who works in the state Attournies office. I know she wants to speak with the state Attourney about her case because she feels that they are telling her it was her fault and that she has no case because there wasn’t penetration, she talked her way out of the situation. So she can’t press charges for sexual assault because there was no penetration. She dis file a police report and this has been going on for over a year.
Customer reply replied 8 months ago
did*She hasn’t spoken with the states attourney yet but the lawyer who was on her case and said that she was flirting with her assaliant works in the same office. They apparently dismissed her trial because they messed up the date and didn’t contact her to let her know to come. They said she was a non-cooperative witness and dismissed it. Now she is in a place where she needs to prove she has a case worth pursuing. The psychological damage that this event inflicted affected her relationships, her self confidence, and has caused a severe depression. No woman should be told it was her fault that a manager forcefully pushed her against a bar, pulled down her tights, and tried to rape her. She was in a relationship at the time. The assaliant knew that. All conversations on text were work related and most times he had her work alone with him.
Customer reply replied 8 months ago
The state may be the ones pressing charges but they are telling her that her case isn’t worth pursuing. She has a police report on file as well as a protective order against him. He hasn’t contacted her since because she blocked him on everything.
Customer reply replied 8 months ago
Is a lawyer even allowed to bring a “male perspective” in on a sexual battery case? Is there anything else she can do if they refuse to pursue it? Are they even allowed to refuse to pursue her case?
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